Partly allowed

Edakandan Saithalavi v. State of Kerala

Kerala HC8 Dec 2016WP(C)/8084/2010

Case brief

AI extract

What is this about?

Court quashed orders rejecting change of user application for medicinal plants pending enforcement of Kerala Conservation of Paddy Land and Wet Land Act, 2008, and directed specific procedural steps for determining land nature as of the Act's commencement.

What did the court decide?

Exts.P7 and P9 set aside. Petitioner directed to produce documents for satellite report by KSRSEC and fees payment. Agricultural Officer to inspect and report. 2nd respondent to consider application w

Edakandan Saithalavi Vs State of Kerala — Land Acquisition | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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THURSDAY, THE 8TH DAY OF DECEMBER 2016/17TH AGRAHAYANA, 1938

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WP(C).No. 8084 of 2010 (I)

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PETITIONER :

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EDAKANDAN SAITHALAVI, AGED 43 YEARS, S/O.ABDULLA, CHULLIPARAMBU, VENGARA.P.O,, VENGARA, MALAPPURAM.

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BY ADVS.SRI.A.T.ANILKUMAR SMT.V.SHYLAJA

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RESPONDENT(S):

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1. STATE OF KERALA, REP. BY SECRETARY TO REVENUE DEPARTMENT,

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SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM.

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3. THE REVENUE DIVISIONAL OFFICER, THIRUR.

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4. THE TAHASILDAR,THIRUR ANGADI.

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5. THE VILLAGE OFFICER, VENGARA, MALAPPURAM.

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R1 TO R5 BY GOVERNMENT PLEADER SMT. VINEETHA HARIRAJ

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).NO.8084/2010

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT

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P2 COPY OF THE CERTIFICATE PREPARED BY THE AGRICULTURAL OFFICER

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P3 COPY OF THE NO OBJECTION CERTIFICATE BY THE NORTHERN PROPERTY HOLDER

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P4 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE SOUTHERN PROPERTY HOLDER

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P5 COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT

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P6 COPY OF THE JUDGMENT IN WP(C).NO.9327/2008

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P7 COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT

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P8 COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT

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P9 COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

K. VINOD CHANDRAN, J.

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===================== W.P.(C) No.8084 of 2010 - I

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======================

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Dated this the 08^th day of December, 2016

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J U D G M E N T

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The petitioner is aggrieved with the orders passed in an application filed for permitting the petitioner to carry on cultivation of medicinal plants in the paddy lands owned by the petitioner.

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The petitioner is said to be the owner of 1 Acre 31 cents of property in Re-Sy.No.208/6A of Vengara Village. The petitioner made an application based on the report of the Agricultural Officer at Ext.P2 and the Village Officer at Ext.P1. Both reports indicate that there was no paddy cultivation carried on in the lands. Certificates were issued, though there is no date shown in Ext.P2. Ext.P1 is seen to have been issued on 14.02.2008. The application of the petitioner however was

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W.P.(C) No.8084 of 2010 - I

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rejected by Ext.P7, which was appealed against before the Land Revenue Commissioner, which also stood rejected as per Ext.P9. Exts.P7 and P9 orders were rejected on the basis of the instructions issued by the Government that no application for change of user should be entertained. The instruction of the Government obviously was due to the impending enforcement of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity 'Paddy Land Act'), till the Paddy Land Act came into force in September 2008 and there could not have been any interdiction of such consideration under Clause(6) of the Kerala Land Utilisation Order, 1967.

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In such circumstance, Exts.P7 and P9 are set

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aside. However, the change of user can be considered only with reference to the lie and nature of the land as on the date of coming into force of the Paddy Land Act. In that context, the petitioner shall produce a copy of the writ petition before the

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W.P.(C) No.8084 of 2010 - I

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Agricultural Officer along with the copy of the Field Measurement Book and Survey and Sub-division numbers with respect to the property obtained from the concerned Village Officer. The Agricultural Officer shall then seek a report of the lie and nature of the property as it remained on the date of coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, from the Director, Kerala State Remote Sensing and Environment Center (KSRSEC), Vikas Bhavan, C-Block, Thiruvananthapuram, Kerala 695 033. On the direction of the Agricultural Officer so to do, the petitioner shall remit the required fees in the name of the petitioner, C/o. the concerned Agricultural Officer (showing the full address) before the KSRSEC for obtaining such report and produce such receipt before the Agricultural Officer. The Agricultural Officer shall then obtain the report and map from the KSRSEC, who shall issue the same on the strength of the receipt produced by the Agricultural Officer. The Agricultural Officer, on receipt of the report, shall conduct

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W.P.(C) No.8084 of 2010 - I

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physical inspection of the property and submit a report before the 2^nd respondent as to the lie and nature of the property, as it

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exists at present, along with the report from the KSRSEC.

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On receipt of the report of the Agricultural Officer,

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along with the satellite map and report forwarded by the K.S.R.S.E.C, the 2^nd respondent shall issue notice to the petitioner and consider the application, within a period of two months from the date of receipt of the report of the Agricultural Officer.

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The writ petition is disposed of.

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Sd/K. VINOD CHANDRAN, JUDGE

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// true copy //

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SB/09/12/2016

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P.A to Judge

Edakandan Saithalavi v. State of Kerala

Case brief

What is this about?

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Edakandan Saithalavi v. State of Kerala

Case brief

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